Johns v Hamilton City Council

Link copied
Case Copied 73 min read

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA

KIRIKIRIROA ROHE

CIV-2019-419-222

[2022] NZHC 379

BETWEEN

BRYCE JASON JOHNS

Plaintiff

AND

HAMILTON CITY COUNCIL

First Defendant

(continue over page)

Hearing: 10 – 26 May 2021

Appearances:

B Easton and A Sales for Bryce Johns

P Robertson and S Mautner for Hamilton City Council Garth Davey in person

A Foster for Elite Coastal Developments Limited, Daniel Gujer and Hamish Stewart
Simon Bell in person

D Shore and A Hong for Next Level Roofing Limited and Ross Cameron

Judgment:

7 March 2022

Reissued:

13 June 2022


JUDGMENT OF HARLAND J


This judgment was delivered by me on 7 March 2022 at 3:30 pm Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar  Date……………………………..

Counsel/Solicitors: Grimshaw & co, Auckland Heaney & Partners, Auckland Foster & Milroy, Hamilton McCaw Lewis, Hamilton

Norris Ward McKinnon, Hamilton Copy to: S Bell

JOHNS v HAMILTON CITY COUNCIL [2022] NZHC 379 [7 March 2022]

GARTH WARWICK DAVEY

Second Defendant

EVOLVE ARCHITECTURE LIMITED
First Third Party

JAMES PARROTT

Second Third Party (Discontinued)

MARK and SUSAN BOOTH

Third Third Party (Discontinued)

ELITE COASTAL DEVELOPMENTS LIMITED

Fourth Third Party

DANIEL GUJER
Fifth Third Party

HAMISH JOHN STEWART
Sixth Third Party

WESTGATE FOR ROOFING LIMITED
Seventh Third Party

CONCEPT PLASTERING LIMITED
Eighth Third Party

SIMON BELL

Ninth Third Party

CIV-2020-419-153

BETWEEN  HAMILTON CITY COUNCIL

Plaintiff

AND  JAMES PARROT

First Defendant (Discontinued)

ELITE COASTAL DEVELOPMENTS LIMITED

Second Defendant

DANIEL GUJER
Third Defendant

HAMISH JOHN STEWART
Fourth Defendant

WESTGATE FOR ROOFIING LIMITED

Fifth Defendant (Discontinued)

CONCEPT PLASTERING LIMITED
Sixth Defendant

SIMON BELL

Seventh Defendant (Discontinued)

NEXT LEVEL ROOFING LIMITED

Eighth Defendant

ROSS CAMERON
Ninth Defendant

GARRY ROSS RICHARDSON
Tenth Defendant

BELL BUILDERS LIMITED
Eleventh Defendant

TABLE OF CONTENTS

PART ONE: INTRODUCTION.................................................................................... [1]

An overview of the claims..................................................................................... [2]

The issues............................................................................................................. [21]

PART TWO: BACKGROUND FACTS....................................................................... [22]

PART THREE: LEGAL PRINCIPLES......................................................................... [68]

The claim in negligence (the Johns proceedings)................................................ [69]

The claim under the Law Reform Act (the Council’s proceedings)  [85]

PART FOUR: THE alleged DEFECTS......................................................................... [87]

Overview............................................................................................................. [87]

The expert evidence generally............................................................................. [95]

Generic expert evidence about council practices  [98] Specific challenge to Mr Gray’s expertise about council practices  [104] Was the wrong test applied by Mr Gray?  [107]

Methodology challenges to Mr Gray’s evidence  [113]

General observations about expert evidence  [115] The defects generally............................................................................................................. [116]

Water ingress through the top of the building (Defects 3-5).............................. [119]

Defect 3: poorly formed roof metal parapet cap flashing junctions (unsealed gaps, laps not fully sealed, no under-flashings)  [122]

Conclusion in relation to Defect 3  [158]

Defect 4: no provision to seal or flash rivet penetrations through the roof metal parapet flashings.  [161]

Defect 5: poorly formed parapet to wall junctions  [181]
Overall conclusion about Defects 3 – 5  [212]

Water ingress through the deck (Defects 6 and 7).............................................   [214] Defect 6: incorrectly installed deck membrane to wall upstands       [217] Defect 7: poorly installed balustrade fixing  [241] Water ingress around the windows (Defect 1)........................................................................................................................... [271]

Defect 1: poorly sealed or unsealed…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Johns v Hamilton City Council and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2022] NZHC 379
Decision Date

CaseChat Overview and Summary

The High Court of New Zealand, Hamilton Registry, heard a case involving a dispute over a property at 896A River Road, Hamilton. The property owner, Bryce Jason Johns, sued the Hamilton City Council and Garth Warwick Davey, the developer and builder, for damages due to weathertightness defects in the dwelling house constructed on the property. The Council and Davey, in turn, sought contribution from other parties they believed were responsible for the defects.

The court found that several defects contributed to water ingress and damage to the internal building elements. The most significant defects were related to the roof parapet flashings, the deck membrane, and the balustrade fixings. The court held the Council liable for its failure to ensure the building consent plans included specific details about the construction of the roof parapet flashings, and for not identifying defects during inspections. Davey was found liable for his role as the developer and builder, particularly for not ensuring the underflashings were installed and for not properly managing the subcontractors. The court apportioned liability as follows: Davey 40%, the Council 25%, NLR 20%, ECDL, Mr Gujer, and Mr Stewart 10%, and Concept Plastering 5%. The court awarded Mr Johns damages for the losses incurred, interest, and general damages for stress and inconvenience. Costs were reserved to be addressed by way of memoranda.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.